Power of Attorney Notary: What You Need to Know
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that gives someone you trust the authority to act on behalf of the principal in specific matters.
These can include managing finances, making legal decisions, or handling medical care, depending on the type of POA you create.
The person granting the power is called the ‘Principal’ or ‘Donor’, and the person receiving the authority is the ‘attorney’or ‘agent’.
You stay in control as long as you have mental capacity, and you can cancel it at any time.
If you would like a power of attorney to endure in the event you loosing mental capacity. You need a Lasting Power of Attorney.
If you are sending your power of attorney to a foreign country, you will often need a notarised power of attorney.
We offer notarial services, if you need to get your Power of Attorney notarised, give us a call now or book your appointment now.
Give us a ring on our phone number +44 0207499 2605 for a free telephone consultation or email us on notary@notarypubliclondon.co.uk
We can usually fit you in with an appointment on the same or next day at our central London office on Wigmore Street near Bond Street and Oxford Circus Stations.
What is a Notarised Power of Attorney?
A notarised power of attorney is a Power of Attorney document that has been officially signed and stamped by a Notary Public, confirming the identity of the signer and that they signed willingly.
This notarisation gives the document legal weight, especially for use abroad or in situations where third parties — like banks, government bodies, or legal institutions — need proof that the document is valid and properly executed.
In many cases, especially for use in a foreign country, a notarised POA is also required to get an apostille certificate for international recognition. This is issued by the FCDO Legalisation Office.
Types of Power of Attorney Documents
- General Power of Attorney – a legal document that gives someone broad authority to act on your behalf in financial and legal matters. This can include managing bank accounts, buying or selling property, handling investments, or dealing with government agencies.It’s typically used for short-term situations—like if you’re going abroad or temporarily unable to manage your affairs. Unlike a lasting or durable power of attorney, it becomes invalid if you lose mental capacity.
- Limited Power of Attorney (also known as a Specific Power of Attorney) – gives someone the authority to act on your behalf, but only for a specific task or within a set time period.For example, you might use a limited POA to let someone sell a car, sign a contract, or manage a single transaction while you’re away. Once the task is completed or the time expires, the authority ends automatically. It’s a focused and controlled way to delegate power without handing over full control.
- Lasting Power of Attorney (LPA) – a legal document in the UK that allows you to appoint someone you trust (usually a family member) to make decisions on your behalf even if you lose mental capacity in the future.There are two types:
- Health and Welfare LPA – covers decisions about medical treatment, care, and daily routine.
- Property and Financial Affairs LPA – covers financial decisions, like managing bank accounts, paying bills, selling property and other financial matters.
- Durable Power of Attorney – similar to Lasting Powers of Attorney in the UK but more common in the U. S. A.
Who Can Witness a Power of Attorney Signature in the UK?
The legal requirements in the UK is that a power of attorney is a Deed. So it must be signed as a Deed in the presence of an adult witness who is not named in the document.
Notaries Publics often act as witnesses for added legal weight if the document is being sent overseas.
Why You May Need Your Power of Attorney Notarised
You might need to sign your power of attorney in front of a notary public if:
- Buying/selling property abroad. You may need to authorise lawyers and real estate agents to sign papers on your behalf.
- Managing overseas assets like bank accounts or financial investments in a different country
- Dealing with an overseas probate where you have to give authority to lawyers to act on your behalf
- Court proceedings, you may need to authorise your lawyer to act for you in court.
- Acting for an elderly relative abroad.
- Registering a company in an overseas jurisdiction.
- To add weight or credibility especially where it is a high value transaction. A notarised power of attorney will demonstrate that the Donor’s identity has been verified.
- May be required by a foreign financial institution or lawyer.
- Sometimes it is the requirement of the legal system that a POA is signed before a Notary. A good example of this is Spain.
How to Notarise a Power of Attorney in the UK
Step-by-Step Guide:
1. Draft the Power of Attorney
- The POA must be correctly drafted, with the full names, addresses, and powers clearly stated.
- If it’s for use overseas, it may need to follow that country’s legal format for the types of powers of attorney being used. A local lawyer in that country may assist with this and this is our recommended course of action.
2. Make an Appointment with a UK Notary Public
- The donor will need to attend in person.
- They must bring:
- The unsigned POA
- Valid government-issued photo ID (passport or driving licence)
- Proof of address (e.g. utility bill or bank statement)
3. Sign the Document in the Presence of a notary public
- The donor signs the power of attorney form in front of the notary, who verifies:
- Their identity
- Their understanding of the document
- That they are signing willingly
4. Notary Certifies the Document
- The notary adds their official seal and signature to effect the notarized document
- They may also draft a notarial certificate confirming their role and what has been witnessed as a notarial act.
- If a company is involved the notary will recite that he or she has made a company search at Companies House and verified the existence of the company and that the person signing has the authority to bind the company.
5. Apostille and Legalisation (If Required)
Some countries require legalisation after notarisation.
If the country is party to the Hague Convention, it will require an
Consular Legalisation: Some countries also require further stamping at their embassy. Check out our Country Guide for more information on this. The most common country requiring a consulate stamp is the UAE. prescribed manner. That way, all who encounter the final notarial certificate can place faith in its effectiveness and legality.
Apostille stamp which is issued by the UK Foreign, Commonwealth & Development Office (FCDO). See www.Gov.uk
Do you need a Hague Apostille? – Use our apostille service
We take documents to the Legalisation Office every single day and have a counter service with the United Kingdom FCDO. We can guarantee a next-day service for important legal documents.
Remote Online Notarization – is it an option?
The short answer is: it depends. It depends on what the requirements are in the territory where you are sending your document.
So we always advise our clients to ask the person who they are dealing with whether it’s OK.
If it is, we can do notarisation using video call. We must state on our notarisation that it was done using video conferencing.
One quirk of using a video call to notarise a power of attorney is that because a power of attorney document is a Deed, the Grantor’s signature must be witnessed whilst he or she is on call by a person in the same room as them.
We can also offer a Mobile Notary service if you or the Donor is unable to leave their home.
Next Steps
A notarised power of attorney is sometimes critical for important legal documents.
If you need a Power of Attorney Notary Services contact us now for detailed instructions or to begin the process.
You can call us on our phone number 020 7499 26t05 or email us on our email address notary@notarypubliclondon.co.uk and utilise our free initial consultation.
Call us today for your free initial consultation +442074992605.
